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Employee Relations

OK to terminate employee who is psychologically unfit to perform stressful job

12/02/2009

When stress is a built-in part of the job, it stands to reason that sound mental health is a prerequisite. Someone whose psychological disorder interferes with the ability to perform such a job isn’t qualified and can be terminated.

Holiday parties: 12 tips for making sure liability doesn’t hang over your head

12/01/2009

Every year around this time, the Ghost of Christmas Parties Past comes clanking down the hallway, dragging a chain of liability dread for employers. The biggest nightmare: alcohol-fueled misbehavior and mishaps. Here are 12 tips to ensure that what’s supposed to be the best of times doesn’t turn into the worst of times.

Suggestion box winners: Beer, bikinis … and then maybe a nap

12/01/2009

Suggestion boxes seem like such a good idea! They’re an easy way to solicit employee input. They send the message that management cares. They get workers involved! What could go wrong?

Psst! Heard the good news? You’re not liable for gossip

12/01/2009

A court has ruled that an employer isn’t liable for defamation when employees discuss what may or may not have led to disciplinary action.

Don’t sweat perfection when investigative honesty is enough

12/01/2009

Employers often agonize over whether their workplace investigations are thorough enough. They worry that they somehow have to ascertain the absolute truth and can’t make any mistakes. Relax. As long as your investigation is reasonable, courts won’t interfere—even if your conclusions were wrong.

Don’t let chronic complainer scare you from legit discipline

12/01/2009

Some employees see discrimination everywhere and constantly complain. How you react can mean the difference between winning and losing a lawsuit. Keep cool no matter how often the employee runs to the EEOC. Focus on his work, not the complaints, and treat him like every other employee.

It probably seemed like a good idea at the time

12/01/2009

A South Florida secretary e-mailed a bomb threat to American Airlines to make sure her boss had time to catch a pre-Thanksgiving flight from Miami to Honduras. The plane was detained—and so was Claudia De La Rosa after police traced the e-mail back to her work computer … Police arrested her for making a false bomb report, a crime punishable with a prison term of up to 15 years.

Virtual call center cuts turnover, boosts productivity

12/01/2009

Customers who phone the call center at Ascend One, a debt management company in Columbia, Md., are likely to talk to an employee who’s dressed in pajamas. Since 2006, the organization has allowed its call center employees to work from home, and about half of them—300 or so—have accepted the offer.

Document employee response to negligent work

12/01/2009

If you employ licensed professionals such as nurses or pharmacists, the time may come when you have to report shoddy practices or ethical lapses to the Ohio board that issues and maintains their licenses. To avoid a lawsuit over whether your report was malicious and therefore not covered by an employer privilege, carefully document the acts and behavior that you believe are negligent or unprofessional. Be sure to let the employee respond to your concern.

Let the sun shine in—or you could wind up facing ADA liability

12/01/2009

The ADA requires employers to provide reasonable accommodations to enable employees to perform the essential functions of their jobs. While the types of reasonable accommodations required can vary greatly depending on the employee’s medical condition and the particular job, it was not until recently that a court found that permitting an employee to work in natural light might be a reasonable accommodation.